Shaffer v. Fetty
West Virginia Supreme Court
Statement by GreeN, Judge : This was a chancery suit, brought in May, 1885, in the Circuit Court of Ritchie county, by Sisson Shaffer against Ruth A. Fetty.
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Statement by GreeN, Judge : This was a chancery suit, brought in May, 1885, in the Circuit Court of Ritchie county, by Sisson Shaffer against Ruth A. Fetty. The pleadings, both on the part of the plaintiff and of the defendant, show that the draughtsmen of these pleadings had very indefinite and false ideas of the rights of the parties upon the facts as they were claimed to exist by them, respectively; and, as might be expected, these pleadings are very confused, and it is difficult to state what was their entire object. I will briefly state the substance of these pleadings. The bill was…
1Opinion of the Court
GkebN, Judge :
in order to decide properly the question whether the bill in this cause was fatally defective on general demurrer, because it was multifarious, or because it failed to make the necessary defendants, we must have a clear conception of what is a resulting trust, arising from the payment of the whole or a part, of the purchase-money of a tract by some person other than the grantee, and under what circumstances such resulting trust arises, as the bill in this cause claims that the plaintiff has such a resulting trust to a certain extent in one of the tracts of land conveyed to…
2Cases cited28 opinions
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- Steere v. SteereNew York Court of Chancery · 1820
- Wilkin v. WilkinNew York Court of Chancery · 1814
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
- Chapman v. Pittsburgh & Steubenville RailroadWest Virginia Supreme Court · 1881
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3Cited by30 opinions
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